Theobald v. Univ. Of Cincinnati, 101 Ohio St.3d 370 (Ohio 3/15/2004), Case No. 2002-1815

Decision Date15 March 2004
Docket NumberCase No. 2002-1815,Case No. 2002-2008
Citation101 Ohio St.3d 370,2004 Ohio 1527
CourtOhio Supreme Court
PartiesTheobald et al., appellees, v. University of Cincinnati, Appellee, et al.; Sharma et al., appellants.

APPEAL from and CERTIFIED by the Court of Appeals for Franklin County, Nos. 02AP-560, 02AP-593, 02AP-597 and 02AP-598.

James P. Sullivan and Douglas C. Holland, for appellees Keith Theobald et al.

Jim Petro, Attorney General, Douglas R. Cole, State Solicitor, Stephen P. Carney, Senior Deputy Solicitor, Michael Gladman, Assistant Solicitor, and Karl W. Schedler, Assistant Attorney General, for appellee University of Cincinnati.

Reminger & Reminger Co., L.P.A., Michael F. Schmitz, Stephen P. O'Keefe, Vincent P. Antaki and Dan M. Newman, for appellants Harsha Sharma and Maureen Parrott.

{¶1} This consolidated appeal came to this court upon (1) this court's acceptance of a discretionary appeal and (2) the certification of the Tenth District Court of Appeals that its judgment conflicted with the judgment of the First District Court of Appeals in Johns v. Horton, 149 Ohio App.3d 252, 2002-Ohio-3802, 776 N.E.2d 1146.

{¶2} The Tenth District Court of Appeals certified the following question:

{¶3} "Does the employee of a state institution who participates in an immunity determination in the Ohio Court of Claims have standing to appeal the judgment of the Ohio Court of Claims to the Tenth District Court of Appeals?"

{¶4} The judgment of the court of appeals is affirmed on the authority of Johns v. Univ. of Cincinnati Med. Assoc., Inc., 101 Ohio St.3d 234, 2004-Ohio-824, 804 N.E.2d 19.

{¶5} The answer to the certified question is:

{¶6} Pursuant to our holding in Johns v. Univ. of Cincinnati Med. Assoc., Inc., supra, a state employee has no right to participate in the immunity determination proceedings before the Court of Claims or to appeal that determination.

Moyer, C.J., Resnick, F.E. Sweeney, Pfeifer, Stratton, O'Connor and O'Donnell, JJ., concur.

To continue reading

Request your trial
11 cases
  • Theobald v. Univ. Of Cincinnati
    • United States
    • Ohio Supreme Court
    • December 13, 2006
    ...in the immunity determination proceedings before the Court of Claims or to appeal that determination." Theobald v. Univ. of Cincinnati, 101 Ohio St.3d 370, 371, 2004-Ohio-1527, 805 N.E.2d 2. Consequently, all decisions that are appealed from the Court of Claims are within the exclusive juri......
  • Theobald v. Univ. Of Cincinnati
    • United States
    • Ohio Supreme Court
    • March 31, 2005
    ...of Ohio's determination of the certified conflict. {¶ 13} On April 14, 2004, the Supreme Court of Ohio decided Theobald v. Univ. of Cincinnati, 101 Ohio St.3d 370, 2004-Ohio-1527, 805 N.E.2d 1084, in which it held that "a state employee has no right to participate in the immunity determinat......
  • Clemons v. Ohio Bureau of Workers' Comp.
    • United States
    • Ohio Court of Appeals
    • March 27, 2014
    ...Id., citing Johns v. Univ. of Cincinnati Med. Assoc., Inc., 101 Ohio St.3d 234, 2004-Ohio-824, syllabus; Theobald v. Univ. of Cincinnati, 101 Ohio St.3d 370, 2004-Ohio-1527. {¶ 11} "Officer" or "employee" as used in R.C. 9.86 "has the same meaning as in division (A) of section 109.36 of the......
  • Rosenshine v. Med. Coll. Hosp.S
    • United States
    • Ohio Court of Claims
    • March 15, 2011
    ...the Supreme Court of Ohio in Johns v. Univ. of Cincinnati Med. Assoc., 101 Ohio St.3d 234, 2004-Ohio-824. See also Theobald v. Univ. of Cincinnati, 101 Ohio St.3d 370, 2004-Ohio-1527; and Gerschutz v. Med. College of Ohio Hosp., Franklin App. Nos. 04AP-794 and 04AP-796, 2005-Ohio-1158. 2. O......
  • Request a trial to view additional results

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT